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INCAR (NIGERIA) LIMITED v. ELIAS BUS TRANSPORT LTD

(1970) JELR 91500 (HC)

High Court  •  LD/184/69  •  16 Mar 1970  •  Nigeria

Coram
Dosumu J.

Judgement

Dosunmu, J. :-In their Statement of Claim, the plaintiffs claim as follows:-

(a) £8,596.17s.4d. being the unpaid Hire Purchase price of four OM Trigotto buses.

(b) Or in the alternative £8,569.17s.4d. being special damage in consequence of the breach of the terms of Hire Purchase Agreements by the defendants.

(c) General damages.

From the pleadings, it is not very clear in respect of what the plaintiffs are claiming, and how in particular, the amount of £8,569.17s.4d. claimed as special damage is made up. The evidence, however, runs thus:-

The plaintiffs, a Company dealing in motor buses entered into Hire Purchase Agreements with the defendants who carry on business as Transporters. The subject matters of the Agreements are 4 OM Trigotto buses bearing registration Nos. LN 8094, LN 8095, LN 8096 and LN 8097. The Agreements dated 30/8/67 are practically the same in each case and they were admitted as Exhibits "A", "B", "C" and "D", respectively. The hire purchase price of each bus is £6,966 …

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